The trademark vittoria was filed by Vittoria S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 9, 2023, and received one opposition filed on April 4, 2023 by VICTORIA S.A. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 4, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003193066 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 16, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Optical apparatus and instruments
Downloadable mobile applications and software for smartwatches and mobile devices
Downloadable mobile applications for providing access to crypto-collectibles, crypto-art and application tokens
Earbuds
Smart bracelets
Computers
Headsets for virtual reality games
Downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments and virtual reality environments
Downloadable software for accessing and streaming multimedia entertainment content
Downloadable software for engaging in social networking and interacting with online communities
Downloadable software for providing access to an online virtual environment
Microphones
3D eyeglasses
Cryptocurrency hardware wallets
Cryptocurrency software wallets
Computer programs featuring digital tokens for use in virtual worlds and online computer games
Computer programs for the creation and trade of digital collectibles via blockchain-based software technology and smart contracts
Smart watches, except the computerized time clocks with fingerprint recognition and the clocks (Time -) [time recording devices]
Software, except software for interpreting fingerprints or palm prints and Staff control-, assistance-, and work shift management software
Software for social networking, data reception and transmission, for purchasing, identifying and tracking products
3D animation software
E-commerce software
Virtual and augmented reality software
Computer game software, downloadable
Downloadable software, namely mobile applications for streaming, downloading and viewing content featuring information, articles, commentary, podcasts and virtual experiences relating to the cycling industry
Downloadable graphical user interface software
Software for retailing of bicycles, parts and accessories thereof
Downloadable software and mobile applications using artificial intelligence
Downloadable software for e-commerce, archiving, sending, receiving, accepting and transmitting collectible cryptocurrency, non-fungible tokens and other application tokens
Downloadable software for generating cryptographic keys for receiving and spending cryptocurrency
Downloadable software for blockchain-based inventory management
Downloadable software for managing and verifying cryptocurrency transactions on a blockchain
Tokens [software]
Software for creating non-fungible tokens (NFTs), enabling the authentication, ownership, availability and trading of digital resources and creations
Three dimensional viewers
Downloadable cryptographic keys for receiving and spending cryptocurrency.
The mark was filed in class 35 with following description of goods:
Providing of online marketplaces for purchase and sale in relation to the following goods: Works of art and Bicycles, Parts therefor and Accessories therefor, all the aforesaid goods being virtual, The aforesaid goods being authenticated by blockchainbased non-fungible tokens (NFTs)
Providing of online retailing spaces for purchasers and sellers of downloadable digital images and films authenticated via non-fungible tokens (NFT)
Operating on-line marketplace in relation to the following goods: Bicycles, Parts therefor and Accessories therefor
Demonstration of goods and visualization of products except of biometric access control systems, biometric identification apparatus, electronic biometric identification and control device, biometric identification systems, computer software for interpreting fingerprints, staff control software, assistance and work shift management, staff control devices, work assistance and work shift management
Locks with fingerprint recognition, time clocks [time recording devices] and digital indicators
Online marketplace services, That is, providing a marketplace for buyers and sellers of digital currency assets
Shop retail services and/or Online retail stores in relation to the following goods: Virtual goods, Namely bicycles, Parts therefor and Accessories therefor and Goods, all the aforesaid goods for use online
Retail services in relation to: Virtual goods, That is, Bicycles, Parts therefor and Accessories therefor, all the aforesaid goods are for use online
Online retailing of virtual works of art comprising photographs, designs, graphics, paintings and sculptures for use in online virtual environments.
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment services, namely, providing online computer games
Entertainment services, namely, Online provision of the following goods: Cycles and related parts, All the aforesaid goods being for use in virtual environments
Entertainment services, Namely arranging and hosting of virtual shows and social entertainment events
Entertainment services, Namely providing of an online environment relating to the streaming of entertainment content and live streaming of entertainment events
Entertainment services, namely providing of non-downloadable game software and online video games
Entertainment services, Namely providing of online non-downloadable virtual bicycles, parts and accessories thereof, digital animated and non-animated designs and characters, avatars, digital overlays and skins, The aforesaid goods for use in virtual environments
Entertainment services, namely providing virtual environments in which users can interact, For recreational purposes, For entertainment purposes or For entertainment purposes
Providing of online non-downloadable virtual goods, namely bicycles and parts thereof
Entertainment services, namely Providing of an online virtual environment for exchanging virtual collectibles, virtual goods, digital files, 3D resources and tokens
Entertainment services Namely providing of a website enabling users to extract, earn, purchase, receive by any other means, store and transfer blockchain-based tokens, coins, cryptocurrencies, and other crypto assets
Providing information on-line relating to crypto-collectible customization for hobby or entertainment purposes
Production of educational and entertainment content, for use in the following fields: virtual reality, Augmented Reality and Mixed reality
Virtual reality service in relation to the following goods: Bicycles and relative parts and interactive games provided online via global computer network and via various wireless networks and electronic devices
Providing of an interactive website for virtual reality game services.